83R6068 PMO-F
By: Smithee H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to electronic availability of certain property and
casualty insurance forms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 10, Insurance Code, is amended
by adding Chapter 1812 to read as follows:
CHAPTER 1812. ELECTRONIC AVAILABILITY OF SPECIMEN POLICIES
Sec. 1812.001. DEFINITION. In this chapter, "specimen
policy" means a standardized form, including an insurance policy
form or endorsement, used by an insurer to write property and
casualty insurance in this state that does not contain personally
identifiable information about an insured.
Sec. 1812.002. ELECTRONIC AVAILABILITY OF CERTAIN FORMS.
(a) As provided by Section 1812.003, an insurer may make a property
and casualty insurance policy available to an insured by posting a
specimen policy on the insurer's Internet website instead of other
authorized means.
(b) On request of and at no cost to an insured, an insurer
shall provide to the insured a printed or electronic copy of a
specimen policy applicable to the insured that is posted on the
insurer's Internet website.
Sec. 1812.003. NOTICE OF ELECTRONIC AVAILABILITY OF CERTAIN
FORMS. (a) An insurer that posts a specimen policy on the
insurer's Internet website under this chapter must, on issuance or
renewal of a policy incorporating the specimen policy:
(1) on the declarations page of the insured's policy:
(A) disclose that the specimen policy is
electronically available on the insurer's Internet website; and
(B) clearly identify each posted specimen policy
incorporated into the insured's policy; and
(2) explain that and how an insured, on request and at
no charge, may obtain a printed or electronic copy of the specimen
policy from the insurer.
(b) An insurer that during an insured's policy period posts
a specimen policy or amends a posted specimen policy incorporated
into an insured's policy must, on the date the specimen policy is
posted or amended, in writing and in the insurer's customary manner
of communicating with the insured:
(1) notify the insured that the specimen policy is
electronically available on the insurer's Internet website;
(2) clearly identify each added or amended specimen
policy incorporated into the insured's policy; and
(3) explain that and how the insured, on request and at
no charge, may obtain a printed or electronic copy of the specimen
policy from the insurer.
Sec. 1812.004. ACCESSIBILITY OF CERTAIN ELECTRONICALLY
AVAILABLE FORMS. A specimen policy posted on the insurer's
Internet website under this chapter must be, until no policy
incorporating the specimen policy is in force:
(1) easily accessible on the website; and
(2) provided in a format readily capable of being
saved or printed using a widely available and free computer
application or program.
Sec. 1812.005. RETENTION OF CERTAIN ELECTRONICALLY
AVAILABLE FORMS. An insurer that posts a specimen policy on the
insurer's Internet website under this chapter must for at least
five years after the latest date a policy incorporating the
specimen policy is in force:
(1) preserve an electronic copy of the specimen
policy; and
(2) make a printed or electronic copy of the specimen
policy available on request at no cost.
SECTION 2. This Act applies only to an insurance policy that
is delivered, issued for delivery, or renewed on or after the
effective date of this Act. A policy delivered, issued for
delivery, or renewed before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2013.